confusing and i want you to be clear for the folks watching us on the internet as well as those in the audience that we're deliberating on. there was an amendment made outside this commission. there are i was to craft your direction to staff that might be clearer necessary leer or reit lait the agreement. that's up to you. >> so commissioners can i give you a few minutes to look at that last page and open the floor to public comment in the meantime? >> well, initially we didn't see any of this as all new stuff they want to add. >> yes, they want to make amendments. >> which we cannot actually make amendments. >> right. >> okay. >> and i have one more question going through this because it's a little bit convoluted and i want to make sure i understand

everything. the suggestion is the change of the curfew and then i have a reply here that says -- or something that says "permittee must give requests to the sfpd within 10 days notice. encourage to work with neighborhood steering committee request for curfew" so there is a limit on how many can go to 1030 and how many to 10:00 o'clock but within a 10 day notice that could change the time and it might go later. is that what i am seeing here? i'm just a little confused by that. >> i think the easiest way to consider this is go back to what was initially agreed on by this commission. consider more general language for the purposes of planning going

forward, and then consider the difference in the way that condition that you have reads in italics versus the letter, and think about the most simple way you can give instruction to the applicant and to any other parties involved in that, so that they can move forward with knowledge of what they're expected to do. the other thing that is really important to do is make sure these conditions as always are enforceable by this commission. if they're in the permit and we're going to be looked at to enforce the conditions of the permit then they must be something that we're capable of checking on and enforcing and coming to the conclusion whether they're in or out of compliance, so that's why

simple is better in this case and more complicated, and if there's reason for the applicant to make additional agreements with neighbors outside of the permit they're free to do that at any time. >> okay. >> make sense? >> yep. >> okay commissioners i'm going to open the floor to public comment on this item. i have a couple of cards. i would like to call gary boto up first. >> i am a resident on lam bard street. yes indeed the commission does not have the power at this time, at least in my opinion. you know the rules you're working under to change the permit in any way because of the appeal. we certainly expect the appeal to be successful and the whole permit set aside and it would be a waste to make any

changes in it. this is typical live nation technique. obtain a permit with deception, mis representation, and then come back and tweak it when nobody else is looking. this is what we have seen before. i have heard before. i do have the notice of appeal of the suspension right here if anybody wanted to see it. one of the things i would like to point out is live nation came to this commission with a letter dated march 27. after nine meetings with our neighbors representing telegraph hill dwellers association, the homeowners association of 101 lombard, tell graph landing and the barbary coast neighborhood association

we formalized a steering committee and a unilateral act as far as i am concerned. these people don't represent anybody but themselves. they represent various groups. it says it. i can assure you that 101 lombard homeowners association has not given that to anyone and certainly invasion of our neighborhood and i hope i can convey to this commission tonight that by granting this permit you have not complied with the provisions of the police code. i'm just going to read a little bit of it because i like to use that as a platform. "that a permit is not to be authorized when mitigation

under the security plan submitted by live nation -- and i hope i can keep talking because i have good information. >> is that the warning? you have 30 seconds. >> the provision of the permit is not consistent with the rules for the entertainment commission to operate under and lastly i would like to say would you please commissioners come out from behind that dais, and go out and visit the site. >> thank you sir. i appreciate it. >> next person up is brian hornbeck. >> hello. we are the dreamers of dreams and we are the makers of music. those words were penned by ron dahl and spoken

by gene wild der in charlie of the chocolate factor. i am brian hornbeck and i the president of the cofounder of the san francisco skate boarders association a public advocacy group that supports parks for the city and a proud number of local 16. the group working these events. i couldn't be the founder of the group unless i was in this group. it gives my the flexibility and able to do things that we all find necessary. i would like to make a few points based on my experience as the president. i have been to meetings stand up

to negativity and unwarranted and people opposed to whatever project and explain to you that the world will collapse if you proceed. everything that can go wrong will go wrong. i am here to say they're ignorant and it's not the truth. my experience with our kids in skate parks have proven the loudest detractors see their protest not substantialized and what happens is enjoyment by neighbors and good fun by all. just like when the giants moved into pac bell park and a lot of people thought there was going to be problems when the rolling stones came and a lot opened their windows and had a good time. we are not

the dreamers of dreams. we are not the makers of music but we're are the men and women behind the curtain. our job is to be of service to others. our livelihood comes from the dreamers of dreams and makers of music. please approve the concerts until 1030 and let us make good times for the good people of our city. >> thank you. >> any other public comment? >> good evening commissioners. i am frederick alerdice and here on behalf of the open space on the waterfront and thank you to hearing us last week. first of all i have canvassed personally the president of the telegraph homeowners association and 101 lombard and they never had a request regarding this issue. they allowed a committee to represent them but the board has not asked the owners or members

of those associations what they thought, so the people signed on the to the steering committee are representing themselves and misleading and you they don't represent the neighborhood and not approved to do that by the governing body want i want to continue on to a letter that you have a copy of. "dear members of the entertainment commission this represents open space for the waterfront and as you know on april 12 we appealed this commission and the approval to the board of appeals. if you would like a copy that permit is suspended and it's no longer under your jurisdiction to discuss or review. you can do what you want on your own but the appeals board sent this out to everybody. mr. lippy points out that our clients -- the

commission taking any action except revelation while the board of appeals is pending they respond make any such action presents us with a moving target on the appeal and require us filing a second appeal which would be prejudicial to our interest and expedition of the appeal. i want to point out that the most important thing here is that the police commission that you act under -- penal code -- or police code 1006 0.5 notes that the premises of proposed operations in the business lacks safeguards for emission of noise, dust and odor and interfere with the public welfare or neighboring property

and thousands of people getting out at this time of night walking out and will not affect the noise and this neighborhood is not happy with the decision so far and they appealed it. i want to thank you for your consideration and we will be back. >> thank you. is there any other public comment? seeing none public comment is closed? commissioners i would like to at this time make a statement, make a motion. first i want to make it perfectly clear to everyone that the grant that this commission did at the last meeting is a conditional grant which we often do. a conditional grant allows the permittee to get sign offs from all the departments that sign it off, building, fire, noise and so on. once that is achieved then the permit becomes a

permit, the conditional grant becomes a permitted grant, so what you did at the last meeting was a conditional grant so at this time, and i can make this motion. we can second it and do further discussion if you choose. at this time i would like to make a motion to recommend that the director of the entertainment commission goes to the board of appeals on our behalf and amends the place of entertainment permit for the america's cup pavilion. that is currently under appeal to the board of appeals consistent with the following amendments. curfew for paid concerts can be extended by 1/2 hour.

permittee submits request for curfew engs tensions to the san francisco police department with at least 10 days notice. sfpd is encouraged to work with the neighborhood steering committee for requests of extensions. two, the permittee should abide by contract between america's cup and the port of san francisco to remove all site improvements and repair any damage by october 31, 2013, and lastly no more than 30 concerts at the maximum capacity of 9287 are otherwise set by sf fire department. and further authorizing our director to present these recommendations to the board of appeals together with any other corresponding amendments and clarifications to the permit that may arise for approval by the board of appeals

and that is my motion. >> second anybody? >> i will second. >> okay. second it. now we can open the discussion if you choose commissioners. >> you know we have a world class event going on in this city and i understand that this brings with it some inconvenience and noise and traffic, and again i understand that is considered a hardship. however, being part of a community is not always getting what you want or desire. it's about making a compromise, and i honestly believe that nine -- now 10 community meetings, and if you didn't go to the community meetings you can't hold live nation responsible for you're not being there. nine and 10 community meetings. i

wish i could get every permittee to do that many community meetings. i wish i could get a permittee to do that much due diligence and work this hard with a group. i think 10:00 o'clock is a ridiculous time to close a concert. it's barely going to be dark by that time, and i don't think that we are allowing our city to benefit the most that it can in this short few months and gain back some of the money that we need from this event and if live nation is willing to help us i think we also need to compromise as a community, and if it you were up to me 10 is too early. i think it's too much of a compromise on live nation. what are they going to start the concerts at noon? i find the

outreach is substantial. the mta is on top of it. we as a city are on top of it, and i think to ask everyone to bend to the will of a few is not the right way to go with this. >> thank you commissioner hyde. anybody else? >> i have a question on the first item, the sentence that sfpd is encouraged to work with the neighborhood steering committee for request of curfew extension. what does that mean? it seems vague. what if there is squawking then and what happens to the extensions? >> commissioner, the request initially in the letter was for the commission to consider a condition of the permit to require the permittee to work with the sfpd and the neighborhood steering committee

to allow extensions. however, the commission can't desolve that type of responsibility to a neighborhood group, so therefore it had to translate into the commission directing the applicant to work with another city department and then encouraging that city department to work with the neighborhood groups. however, it's vague because there isn't a standard per se for what is -- you know, working with our outreach. it's just important that we reiterate how we feel about that process. does that make sense? did that help you? >> we also believe that the san francisco police department will use their best effort and their best practices to resolve any dispute about any 30 minute

extension that live nation might want to apply for. now they might apply for them. they might not apply. but they will apply to sfpd and sfpd will work with the neighbors about that particular extension. >> so that does mean that the police department would approve or not approve the extensions? >> it does. they are the people that have to deal with it, enforce it. we're not out there necessarily. we have one person on the staff that does that so they're responsible for it so it's really up to them. >> so we're approving that and that the police department have the ultimate decision? >> exactly. we are making a recommendation to the board of appeals. that's what my motion says. we're not adding or

taking away things and has the power and they have the last word on the permit. >> okay. >> we are powerless to make any changes. this is just a suggestion. the motion is to direct our executive director to make those suggestions on our behalf to the board of permit appeals in keeping with the negotiations that america's cup and live nation has made with the neighborhoods. >> got it. >> so my thing is when these amendments come up and we had a discussion about it last time, and i wish -- i know things change but i know that it would have been nice to have it in the first proposal than coming second because it does seem not transparent but i understand things change, so since we don't have to make any rulings on this right now because it's at the

board of appeals you know i guess until after that's finished -- i mean if there is any further discussion because -- for this to come in at the last minute and i agree with the neighbors in a sense, but then again they did have discussions with the steering committee, but let's the appeals board do their thing and then we will talk about it after that because i like to have everything up front. >> if the permit is set aside it will not come back to us. >> okay. >> if the permit is upheld it's upheld. there is no coming back to us. this is a suggestion that we are directing our executive director to make to the permit board of appeals. they ultimately will make the final decision. am i correct? >> you are correct but i would like to clarify for commissioner lee in fact these were items in

the initial request to you. they were in the letter two weeks ago. they were just not addressed by this body at that time by choice or by oversight, i don't know. they were not addressed by this body and therefore were not included in that deliberation but there was no intent like you described. eferg was -- this is sort of a reiteration because they weren't spoken to. >> okay. >> commissioner hyde. >> yeah, through the chair, i just want to say did we not address concert times the last time? yeah i thought we did. >> we intussed the extensions. >> no. because that -- >> yeah, okay. >> in the future i would like to

have everything. so i mean just to be fair but doesn't necessarily mean i disagree with it but we're here talking and discussing something that we could have discussed last time. >> anybody else? commissioners we have a motion on the floor. can we call for a vote? ms. cane call the roll. >> commissioner lee. >> aye. >> commissioner joseph. >> aye. >> commissioner hyde. >> aye. >> commissioner perez. >> aye. >> commissioner akers. >> aye. >> thank you very much. >> good luck to you at the board of appeals. >> okay moving on. item number -- it is okay with the police department i would like to move item six next calling item six in place of item five discussion and possible action regarding file # 130182 legislation amending police code section

1060 and section 1070 regarding entertainment extended hours premises permit. you're up. >> commissioners as you can see supervisor wiener is here as well as his aide jeff kreeton to discuss this legislation with you. i have handed this out numerous times. i hope you had a chance to review it. in some ways these are important although not substantive changes to the code sections that we work every time you're in this room. they're changes that we have asked for, worked really hard to find solutions to problems that you have run into here and we run in the office. there's some fixes that hopefully if you have questions. i would like to see if the supervisor wants to come up and present something specific or just take questions. this

would be a great time to do it. >> thank you. good evening commissioners. thanks for having me here today. the legislation before you are amendments are to the entertainment provisions of the police code and a variety of areas including improvement of our permitting process, creating some new kinds of permits specifically around various kinds of music and expanding access to music, and also expanding some of the enforcement powers of this commission and its staff. as you know promoting a thriving and responsible night life is critical to the cultural life of our city, but also to our economic life. we've talked before about the economic impact report that i requested and the

controller prepared showing that night life generates 4. $2 billion a year for the economy and job revenue and tax revenue and this improves night life in san francisco and entertainment in general even if it's not at night and ensure that venues act responsibly and this commission and staff can fulfill your charter mandated responsibility to regulate the industry appropriately. legislation has three broad aims. first it increases access to live music as well as dj music through improvements to the permitting process and the creation of new permits. it gives the commission and director better tools for bringing venues into compliance when they're not in compliance and has significant clean up and clarification language and we worked closely with the

executive director to come up with those provisions. more specifically the legislation expands the limited live performance permit, llp, to include out door spaces like patios and courtyards and locations that currently cannot obtain this permit and the eagle tavern can't have music and had it for years before they shut down so we're creating a new ability for them and other venues to be able to have music. the legislation also expands llp to include dj's. when we first passed the limited live performance legislation at the board i did try at that time to get dj's included. i was unsuccessful and indicated i would do a [inaudible] so that's what

we're doing. also it provides increased enforcement power for the commission and staff. for example, the legislation expands the limited suspense period that the director -- executive director can apply for a venue that violates the law from seven days to 15 days to provide more flexibility and enforcement. it also provides the director and the commission the power to require a sound test as a condition of a permit. in addition it provides the director with the ability when a club changes hands into a new place of entertainment permit is required to provide a provide temporary place of entertainment permit to bridge the gap for the business so the business does not have to shut down. these are a few examples. there are other provisions in the legislation as well. today i

did introduce substitute legislation and one additional amendment to provide the director of public health with more administrative authority to enforce noise violations on corner streets. right now there is not enough flexibility in that enforcement and we're doing that. as i indicated i worked closely with staff to come up with the legislation. we also worked with the police department before introductions of the legislation. the small business commission did vote unanimously to support the legislation. i am happy to get your support and take your questions. >> supervisor i am grateful for a couple these things. one is the temporary permits. as you know the abc provides permits, temporaries when licenses are transferring. we all know when